In any workplace, accidents can and will happen. The Occupational Safety and Health Administration (OSHA) is in place to ensure that when these accidents do occur, both the workers and business owners are following the correct procedures. If you are a business owner, it is your responsibility to ensure that both your employees and the companies you work with are following all of the laws in place. Ignoring these laws could result in fines or even jail time for both parties involved. In this article, we will discuss some of the most important steps both businesses and their employees should take if an accident does occur.
What is worker compensation?
Worker compensation is a system that requires companies to provide medical care and certain wage replacement benefits to employees who are injured at work. Unfortunately, these processes sometimes need legal representation since companies will try to deny workers’ claims or avoid payments. Hiring a workers’ compensation lawyer in Charlotte can help you obtain the benefits you deserve. These benefits can be used while the worker is unable to return to their job or when they transition into another type of employment following an injury.
Every person, whether they are an employee or self-employed, has the right to file a claim if injured at work. This means even if you work as a volunteer for a nonprofit organization, such as Little League, you can still apply for benefits. It is important to remember that filing a claim means you are limiting your right to sue the employer or coworker who injured you for damages unless your injury was intentionally inflicted.
What are some examples of injuries that would require workers’ compensation?
The following are just some examples of workplace accidents that may require worker’s compensation benefits:
- Carpal tunnel syndrome or other injuries that happen due to repetitive motions.
- Slip and fall accidents.
- Being exposed to dangerous chemicals or hazardous materials.
- Heatstroke or other heat-related illnesses.
How can you tell if an injury is work-related?
To be considered a work-related injury, it must have occurred while the employee was performing their job duties. This can be difficult to prove in some cases, which is why it is important to have legal representation. To make a claim, the employee must show that they were injured as a direct result of their job. The following are some examples of ways an employee can prove they were injured while working:
- Medical records show the injury occurred while at work.
- Testimony from witnesses who saw the accident happen.
- Receipts for medications or treatments related to the injury.
- Documentation of lost wages due to the injury.
How to report an accident
For a worker to prove they were injured in a workplace accident, they must report the injury to their employer within 30 days of when it occurred. Sometimes employers may try to bring up false accusations or talk workers out of filing claims when the injuries were caused by their employees’ negligence. In this situation, workers need to collect documentation like receipts, photographs, or witness statements to use during their claim.
When can you sue an employer for damages?
There are some cases where the injury was not caused by an accident but rather by the negligence of another worker on the job. For example, if a coworker failed to close a door while another worker was carrying heavy equipment through it, they could be held responsible for any injuries that occurred due to the negligence. In these kinds of cases, a worker can file a claim against their employer if it can be proved that the injury was caused by another employee’s actions.
Although an accident may have been caused by another employee’s actions, this does not mean it will automatically result in compensation for the injured party. While it may be possible to sue an employer for damages, this is not always the best option since workers’ compensation benefits are available regardless of who was at fault. It should also be remembered that employees cannot file a claim against other employees for injuries sustained on the job.
Hire a legal representative
In most cases, a worker will not have to go through the court system when seeking compensation for their injuries. It is only when another party wants to file a claim against an employee that they need legal representation. Employers who want to deny a worker’s claim or push them into settling must be represented by a lawyer to do so. This is why it is always best to hire a legal representative or lawyer who specializes in workers’ compensation if you wish to file a claim.
Hiring legal representation can make filing a claim easier and less stressful for workers because they will usually help gather the required documentation and fill out the paperwork on behalf of their clients. However, it is important to note that hiring a legal representative does not mean they will get you more compensation than if you successfully filed a claim yourself.
Lisa Eclesworth is a notable and influential lifestyle writer. She is a mom of two and a successful homemaker. She loves to cook and create beautiful projects with her family. She writes informative and fun articles that her readers love and enjoy.
